Tied Down by Legal Issues?

posted 13/10/2018 - 16:35

TemcoUK often comes across potential clients who are having serious problems with their cleaning contractor and want to change, but find the contract they are bound to is difficult to terminate. Indeed, some contracts seem to be so awkward that it could be argued that the incumbent contractor is using its legal department for client retention. TemcoUK had a recent instance where it took seven months for the prospective client to extricate itself from a poorly performing contract.

Of course a contract is designed to give both parties a reasonable level of security, but it must also allow for reasonable terms of release if service levels are not being met. This is not about terms, it is about cancellation rights.

Trigger dates

Andrew Philpot, TemcoUK’s Managing Director cites wording around trigger dates as being problematic. “Contracts are often worded so that if trigger dates are missed an extra term automatically follows and it rolls on, with the customer unable to cancel until the next trigger date. There is no justification for this practice. So however well your contractor is doing, diarise those dates, if only for review purposes.”

Another issue he encounters is different elements of the contract not being co-terminous, so that two services can be terminated, whilst one other will roll on for a few months more – awkward.

Flexibility

Andrew points out that TemcoUK lives and dies by its results. “We do not feel the need to restrict our customers through legal clauses. We are happy to allow contracts to be very flexible, so that if clients wish to leave at any point, they can. I recommend that FMs be suspicious of the motives of companies that want to tie them in legal knots and insist on a flexible approach.”

About TemcoUK Facility Services

Since 2001 Temco has been operating in the UK in a wide range of environments, from servicing the meticulous demands of medical clean rooms to daily office cleaning in commercial and industrial environments in both private and public sectors.

Combining professional standards with flexible management structures, the company prides itself on offering consistently high results alongside outstanding client service. Based in west London, TemcoUK Facility Services employs over 450 staff with a turnover in excess of £5m.